1.Labor Policy and Brooks Agreement.
The Unions have called on The Central Government to implement the Brooks Tower Agreement, contending that this Agreement was an integral part of the discussions in the tripartite committee on the Foreign Workers Permit Policy. I completely concur with that position of the Unions and I do so, because the Foreign Workers Permit Policy was part of a comprehensive approach to labor matters in general.
And not only the matter of the Brooks Tower Agreement. Matters such as youth unemployment, unsavory business practices, training. All such needed to be tackled to give teeth to the policy.
With respect to the Brooks Tower Agreement, recall that this agreement was to regulate the status of foreign workers already on Sint Maarten. While not calling it a grace period or amnesty, this policy, supported by the former DP administration, was meant to given undocumented workers on St. Maarten the opportunity to have their status legalized. Until now the Minister of Justice has maintained that he could not implement this policy, because he did not have an organization in place to adequately handle this project.
The Democratic Party join those calling on Minister David Dick to implement the Brooks Tower Agreement, allowing a much needed clean-up on the labor market, granting legal status to those gainfully employed on Sint Maarten.
In fact, art. 3: 2j of the Foreign Workers Permit Policy states that persons already employed on Sint Maarten should be granted an intention declaration by the Lt. Governor for residency, with which they can then obtain a employment permit without having to go off island.
a. in geval van een eerste aanvage: hetzij een schriftelijke verklaring van de werkgever, dat de vreemdeling zich op dat moment buiten het Eilandgebied bevindt en voornemens is zich aldaar op te houden voor de gehele duur van de behandeling van de aanvrage, hetzij een door de Gezaghebber afgegeven positieve intentieverklaring inzake verblijfsvergunning voor de vreemdeling, indien de vreemdeling zich reeds op het eiland bevindt.
The Lt. Governor, after initially agreeing to this approach (thats why it was taken up in the Policy), felt that the resident permit should not dictate an employment permit, but rather the other way around.
So, Minister David Dick must act urgently in addressing the statuses of person employed on Sint Maarten who do not have residency. In accordance with the Brooks Tower Agreement, these persons should be granted residency and then the employer can seek an employment permit for these persons.
Clearly the NA/Heyliger/Laveist coalition has put its foot in its mouth where the foreign workers permit policy is concerned.
While there is clearly the possibility for government to agree to quotas, in other words, if one can prove that a project will given X amount of jobs, a guaranteed amount of foreign workers will be allowed, the members of government select a handful of workers to tour projects with and present these persons to developers for jobs. What happens to the numerous other persons who have followed procedure and registered at the labor office as required?
Don t they get on the job band wagon?
Only if you are in the Commissioners good graces, you can get on that wagon?
Should any-one still register as unemployed? Can I take unemployed persons to job sites?
Tomorrow Im going to Blue Mall too and any other site for that matter with people I know who are seeking jobs.
A lot of hyperbole was created on Friday, after it had become evident that the government had made a wrong decision with respect to granting Scarlet NV an amendment to their business license. The decision by the Executive Council, for which they sought approval from the Island Council was to GRANT Scarlet NV the amended business license.
The petition to the Island Council was based on the Courts decision that the Court did not consider it necessary to have an external consultant motivate a decision not to grant the permit on socio-economic arguments. The Court chided the Island Council in saying that we, the Island Council should be able to come up with our own arguments based on our knowledge of the daily affairs of this island.
This is after the government had petitioned the Court to forestall the payment of the penalty of f. 10.000,–. Which the Court refused to do.
Then the DP objects. The government did not ask to caucus with the DP because they value our opinion, but because they did not want their bungling to become public. For no other reason. If they had valued our opinion, the most vexing matters of the foreign workers permit policy as agreed upon on January 21, would have been out of the way by now with the motion the DP presented on July 14th. But no.they would never do that. That would have been in the general interest, but that is not the interest the government serves.
Commissioner Hyacinth Richardson just Friday realized that the work permit policy has budgetary connotations. A budget debated and approved by the island council back in December 2008.
Between Thursday and Friday, it was revealed to them, that when the same consultant who drafted the telecom policy for St. Maarten, was approached to do the study on the social economic effects of granting the requested business license to scarlet NV , that firm had already done a market research.
They had approached the consultancy to execute the study which they had asked the courts to allow.
The consultant told them then that information was gathered in preparation for the drafting the policy and this information was not made public, it was not made available, it was not made known.
The consultant volunteered this information to this government, to make the point that if that consultancy was chosen to do the social economic research, it had already had certain information in its possession.
In the meantime the Courts had decided that it could not see why an external consultancy needed to be consulted. This was its verdict of July 17th.
The government agreed with the position of the DP on Thursday.
They thought about it for while. Left us waiting for the meeting on Friday to start and then comes out pounding and the more they heard themselves, the more they carried on.
DP knew of this report and could have saved the taxpayers the penalty that was accumulating.
Mind you, the courts just finished telling them, no report was necessary. But the DP could have saved them money.
What a pitiful display of governing. Fist banging, calling for heads of citizens, regardless to who it is.
And I repeat, this government does not know that they are in government! Impossible, with that charade on Friday last.
I asked a polite question: will this government synchronize matters with the central government as far as these relate to telecom licenses?
And I refer to a recent newspaper report regarding Corporate Innovations. Then the government spins that again. The Commissioner for Economic Affairs without batting an eye, states the DP granted the license to Corporate Innovations and them called the Minister to say not to give the concession.
The Commissioner for Economic Affairs had some facts, but he did not have them straight. Because what did his leader William hasten to say, when I said lets ask the Minister who called him about the license for Corporate Innovations?
Lo and behold, William Marlin acknowledges in the island council meeting of Friday last, that he not only called the Minister. He actually wrote him and told him not to give Corporate Innovations a concession.
Dont you think that will appear in the Court against the Federal Government?
Financial reporting
"Second quarter financial report on time, the Commissioner of Finance has reported. That would mean that by August 15th (6 weeks after the close of the 2nd quarter), this report will be submitted. What the commissioner has overlooked, because our faction is yet to receive the first quarter report, is that simultaneously with sending the reports to the CTF, they need to be sent to the island council (art. 18)
Not after you negotiate about the report with the CFT. But as you send it to them, the island council needs to receive it. So we look forward to the first report immediately and the second the minute it is sent to the CFT.
Corporate Governance
Do we have an agreement with the Netherlands as required? What has the State Secretary responded to the lt. Governor, who indicated that he believes what the island council has presented to the Netherlands is in compliance.
Does the Executive Council have an independent position in this matter?
Harbor
My questions regarding the Harbor are even more relevant with the report last week that the harbor has experienced a double digit decline in passenger arrivals and only foresees an economic recovery in 12 to 18 months.